Depending on the circumstances, various parties can be held liable for an e-bike accident or injury. In case of collisions, liable parties usually include vehicle drivers, other cyclists and/or pedestrians.
Furthermore, in product liability cases, liable parties can involve numerous parties in the chain of manufacturing, such as e-bike manufacturers and distributors. In some cases, liable parties may also include the company responsible for manufacturing particular parts.
In collision cases, the lawsuit may be based on negligence or recklessness. In negligence cases, the plaintiff must show that the other party was negligent under the circumstances, and that the result of that negligence was the accident that caused injury to the plaintiff.
At the same time, in cases based on recklessness, the plaintiff needs to show that the defendant’s behavior was reckless, meaning that he or she behaved in a manner that showed “utter disregard for the safety of others.”
Awards in e-bike lawsuits may include compensatory damages which usually cover for the plaintiff’s losses that resulted from the accident. On the other hand, compensatory damages can include a variety of elements, including hospital bills, medical costs, property damage, lost wages and other losses. Finally, depending on the circumstances of the accidents, the plaintiff may also be awarded money for losses such as pain and suffering and loss of consortium (award to cover pain and suffering the physical and emotional loss a spouse experiences after their spouse is injured).